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Ask CalAttorney2 Your Own Question
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I need an experience and knowledgable licensed lawyer in the

Customer Question

I need an experience and knowledgable licensed lawyer in the Bay area of S.F. State of California to answer and my question and later to do my trust.
1. Does Ca. applies the estate law based on the domical place or resident of the dead person?
2. Can Ca. approves the husbank & wife in different State of domicile places/resident, if they have not legally separated? But they have filed separae tax return for years.
3. Will Ca. agree the end of their community property, if the wife gives a quit-claim deed to her husband?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
  1. CA establishes jurisdiction for probate court purposes where the decedent was domiciled (lived as their primary residence / roughly established as the majority of the year) at the time of their death. See:
  2. CA probate is based on the individual, it does not establish probate over couples (married or unmarried), so if a married couple was not cohabitating, and happened to live in separate counties, jurisdiction would be established in separate counties. (See above). However, there would be a good argument for consolidation if they had joint assets - and there would be a strong basis for the court to grant such consolidation (the court does not want "disparate orders" (conflicting orders dealing with the same piece of property))
  3. In CA, married couples can "transmute" property (either separate property to community property, or community property to separate property, or gifting separate property of one spouse to another): see: